Ky. fetal homicide case raises questions about abortion ban enforcement, legal exceptions

essentialsaltes · Jan 3, 2026

A 35-year-old Kentucky woman faces a fetal homicide charge after admitting to taking abortion pills ordered online and burying the fetus in her backyard.

Melinda Spencer was arrested Wednesday on charges of fetal homicide, abuse of a corpse, and evidence tampering. Kentucky State Police say Spencer used abortion pills she purchased online to have an abortion.

Angela Cooper with the ACLU of Kentucky says she’s confused as to why Spencer is charged with fetal homicide after reading the definitions and exceptions statute of the KRS covering fetal homicide.

“That exception specifically says that nothing in the chapter applies to a person who has taken action that causes the death of their unborn child and seems to be written specifically for a self-managed abortion,” Cooper said.

DaisyDay · Jan 3, 2026

An example must be made.

Aryeh Jay · Jan 4, 2026

It might be time to bring out the wood chipper of justice.

RileyG · Jan 5, 2026

She cheated on her boyfriend and wants to act like she’s the victim? Give me a break!

Pommer · Jan 5, 2026

RileyG said:
She cheated on her boyfriend and wants to act like she’s the victim? Give me a break!

She has been arrested for alleged charges for treating herself, even though that doesn‘t appear to be a chargeable offense under this Kentucky statute.
She’s got a case.

RileyG · Jan 5, 2026

Pommer said:
She has been arrested for alleged charges for treating herself, even though that doesn‘t appear to be a chargeable offense under this Kentucky statute.
She’s got a case.

She belongs in jail because she broke the law. Hard for me to have much compassion for a villain.

essentialsaltes · Jan 5, 2026

RileyG said:
She cheated on her boyfriend and wants to act like she’s the victim? Give me a break!

She's more of a Claudette Colvin than a Rosa Parks, but that has nothing to do with the legal situation being argued.

RocksInMyHead · Jan 5, 2026

RileyG said:
She belongs in jail because she broke the law.

Which law did she break?

Kentucky's abortion ban specifically says:

Nothing in this section may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty.

https://apps.legislature.ky.gov/recorddocuments/bill/19RS/hb148/bill.pdf

and the fetal homicide law that she was charged under makes this explicit exception:

Nothing in this chapter shall apply to any acts of a pregnant woman that caused the death of her unborn child.

https://codes.findlaw.com/ky/title-l-kentucky-penal-code/ky-rev-st-sect-507a-010/

DaisyDay · Jan 5, 2026

RocksInMyHead said:
Which law did she break?

Kentucky's abortion ban specifically says:

https://apps.legislature.ky.gov/recorddocuments/bill/19RS/hb148/bill.pdf

and the fetal homicide law that she was charged under makes this explicit exception:

https://codes.findlaw.com/ky/title-l-kentucky-penal-code/ky-rev-st-sect-507a-010/

Even the "abuse of a corpse" is lame as it sounds as if she gave a nice burial - cloth & a box.

CRAZY_CAT_WOMAN · Jan 5, 2026

This should have been a personal matter. Sadly it's not.

RileyG · Jan 5, 2026

essentialsaltes said:
She's more of a Claudette Colvin than a Rosa Parks, but that has nothing to do with the legal situation being argued.

No. No. No. No. Just. No.

RileyG · Jan 5, 2026

RocksInMyHead said:
Which law did she break?

Kentucky's abortion ban specifically says:

https://apps.legislature.ky.gov/recorddocuments/bill/19RS/hb148/bill.pdf

and the fetal homicide law that she was charged under makes this explicit exception:

https://codes.findlaw.com/ky/title-l-kentucky-penal-code/ky-rev-st-sect-507a-010/

It’s a class D felony in Kentucky.

RocksInMyHead · Jan 5, 2026

RileyG said:
It’s a class D felony in Kentucky.

What is?

RileyG · Jan 5, 2026

RocksInMyHead said:
What is?

Abortion has a total ban in Kentucky with the exception to save the life of the mother.

Hans Blaster · Jan 5, 2026

RileyG said:
She belongs in jail because she broke the law. Hard for me to have much compassion for a villain.

what part of "none of the laws apply to her" is hard to understand?

RileyG · Jan 5, 2026

Hans Blaster said:
what part of "none of the laws apply to her" is hard to understand?

Why is she in jail then? It occurred in Kentucky?

RileyG · Jan 5, 2026

Hans Blaster said:
what part of "none of the laws apply to her" is hard to understand?

I’ll let lawyers decide if she broke the law or not. There is absolutely no need to be rude.

RocksInMyHead · Jan 5, 2026

RileyG said:
Abortion has a total ban in Kentucky with the exception to save the life of the mother.

1. She was not charged under Kentucky's abortion law because
2. as I pointed out in my previous post, Kentucky's abortion law explicitly states that it cannot be used to charge someone upon whom an abortion is performed.

RileyG said:
Why is she in jail then? It occurred in Kentucky?

She is in jail because the state police decided to charge her with fetal homicide, which is a separate law in Kentucky. The only problem is that, as I also already pointed out, the fetal homicide law also explicitly states that it cannot be used to charge a pregnant woman for any actions she personally takes that might harm her fetus.

These may sound like loopholes (and they kind of are), but they're also sensible because closing them would cause women to avoid treatment for miscarriages out of fear of prosecution.

RileyG said:
I’ll let lawyers decide if she broke the law or not. There is absolutely no need to be rude.

The exasperation is because I already explained why what you said was wrong in the post that you quoted.

RileyG · Jan 5, 2026

RocksInMyHead said:
1. She was not charged under Kentucky's abortion law because
2. as I pointed out in my previous post, Kentucky's abortion law explicitly states that it cannot be used to charge someone upon whom an abortion is performed.

She is in jail because the state police decided to charge her with fetal homicide, which is a separate law in Kentucky. The only problem is that, as I also already pointed out, the fetal homicide law also explicitly states that it cannot be used to charge a pregnant woman for any actions she personally takes that might harm her fetus.

These may sound like loopholes (and they kind of are), but they're also sensible because closing them would cause women to avoid treatment for miscarriages out of fear of prosecution.

The exasperation is because I already explained why what you said was wrong in the post that you quoted.

Ah, gotcha! I’d be interested to see how this plays out, but she still isn’t the victim, here.

I should slow down.

Peace

Hans Blaster · Jan 5, 2026

RileyG said:
Why is she in jail then? It occurred in Kentucky?

Because she was charged with a crime outside the actual scope of the law under which she was charged. It happens. In this case it seems deliberate.

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Ky. fetal homicide case raises questions about abortion ban enforcement, legal exceptions

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